Friday, April 24, 2009

That was a long time between posts....

It's been an incredibly stressful week with all of the legal stuff.

The Family Dispute Resolution conference was supposed to have been last Friday... a mandatory "final" effort at agreeing on court orders with DH before the judge gets to decide.

It was supposed to have been the three lawyers representing the boys, DH and me.

But the boys' lawyer was sick and had not met them. And she wouldn't be meeting them before the hearing.

This was a REALLY bad thing, as the biggest thing that my argument has going for it is that the boys' do NOT want to change the current living arrangements, and the boys' lawyer is supposed to present the Family Court Counsellor's report stating that it would be detrimental to the boys if the current arrangements were changed.

But the Resolution conference date was not being changed DESPITE the boys' lawyer not having met the boys. And it was still going to go ahead even if she didn't appear.

This was insane. My lawyer had not been given the Counsellor's report and therefore we could not present any information from it.

And.... if it looked as though I was being the difficult one in terms of deferring the Resolution conference date and therefore seen to be the one not willing to come to an agreement, I could be forced to pay DH's costs as well as mine. ALL of them... not just for this hearing.

So... I made a HUGE fuss with my lawyer and mentioned taking this to the Federal Court if we went ahead with this with the boys' lawyer having not even met with her clients. I was speaking through my .. umm... BUM because I have no idea if I can even do that!

He madly rang all involved, and it turned out that the Court Counsellor had not even prepared a report as she had not been told of the hearing date.

That was it.

Six or seven emails later, the hearing was postponed. By the children's lawyer.

My heart was in my chest all day.

But then the BEST THING HAPPENED!

My lawyer had applied for a check on the Property Index Register. Something that the Child Support Agency had told me that they had done years ago.

And DH owns a property.

With his sister. But it's an asset that he has not mentioned in any of his financial statements to the court or to the child support agency. He also has not reported any income from tenants. It is an asset which can be held against a debt.

Whether it WILL be is another thing altogether. But as long as the debt does not get removed with the application that he is currently lodging, I can put a caveat on the title of the property to ensure that he can never sell it without a court case involving repaying me the money. The outcome of that court case would be the only way to lift the caveat and allow the sale. I can imagine that his sister may need the money at some stage in her lifetime and therefore the sale will be inevitable.

The lying scum bag finally got found out.

I then rang the Child Support Agency to report this latest piece of information, and they told me tha
t our case is now, after SIX bloody years(!!!!)... escalated to the "Intensive Debt Collection" cell. This is where they can run the "level 2 searches" like property searches and Oztrek searches (looking for money going in and out of the country from/to him).

Apparently his need for privacy protected him from having any of those searches run on him before.

I am furious that they have not escalated us to this "cell" before! How big does the debt have to get for that to happen?! How many months/years does he get to NOT pay before that happens?


Still.... the fact that I have found this asset of his has lightened my spirit unbelievably. It's the first good news I've had in a long time.

And, even though I knew he was a lying piece of shit, it gives me even greater satisfaction to have it so blatantly displayed for all the world (and all the judges) to see.

12 comments:

Ali said...

Oh god! I am so pleased that you have this concrete piece of ammunition against him! I really hope that you are able to use it well.
Such a relief that the hearing thing didn't go ahead. I can't believe just how illogical the legal system can be at times!
Ah the CSA are great! They really know how to get the job done, What if you had been completely unable to support the kids? I love that their quality of life is secondary to his privacy!

Dina Roberts said...

Good!!!

I'm glad you finally have good evidence against the asshole!!!

MissyBoo said...

What a fantastic piece of evidence to find. I hope they can use this against him and his debt.

Sorry the rest of your week was shite, even if postponement finally arrived.

Hang in there. Am thinking of you and wondering how things are going xoxox

Anonymous said...

Shakes head in disbeleif.

It never ceases to amaze me how the Family Court System works and how much digging and shovelling and talking the innocent or downtrodden have to do before a LSOS is finally uncovered. Hugs to you. xxx

jeanie said...

Yay - TWO wins (that you should not have had to battle in the first place)

Anonymous said...

I'm glad to hear that you've found something to use against him - that is great news.

Sorry you're under so much stress. I can't believe they were going to go ahead with the hearing under those circumstances...that's crazy. I'm glad they came to their senses and rescheduled it. Hope you can use the extra time to dig up some more dirt on him.

Wishing you the best.

M said...

Well that is a good piece of news. Here's hoping for you.

Le said...

maybe the tide is turning .... you go get those $ some day babe le xoxxo

Anonymous said...

Soon, soon. You will get your reward, and there will be puppies and unicorns frolicking in the streets, rainbows, and kittens and ice cream for all.

And in the words of the Jerry Spring Opera, DH will get....

...something that is far too horrible to leave in a comment on your nice respectable blog, but call me and I'll spill ;)

Anonymous said...

Oh yay yay yay!! That is GOOD news. :)

Stacey said...

Great News, Fe. I hope there's more to come.

Duyvken said...

Yay Fe!! How great to read some good news and that things seem to be heading in the right direction.

Although, I cannot believe that the boy's lawyer hadn't even met with them and was still going to go ahead with the hearing - RIDICULOUS!!!